RAKESH SHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application has been filed under Sec. 439 of The Code of Criminal Procedure, 1973 on 2/8/2023 in connection with Bhaktinagar Police Station Case No. 12 of 2023 dtd. 3/1/2023 under Sec. 21(c)/22(c)/25 of N.D.P.S. Act, 1985. The petitioner prays for bail upon being charged under the provisions of The Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner was arrested on 31/3/2023 and the charge-sheet was filed on 1/7/2023. The petitioner filed several applications for bail before the learned Special Court under the NDPS Act, Jalpaiguri; all of which were rejected. The petitioner is hence before us.

(2.) The petitioner complains that there is considerable delay in the matter since charges are still to be framed and there are 15 prosecution witnesses who are to be examined. The petitioner does not have any confidence of the trial being concluded in the near future.

(3.) The primary contention urged on behalf of the petitioner through learned counsel is on Sec. 36A(4) of the NDPS Act read with the proviso. Counsel submits that the I.O submitted the charge-sheet on 30/6/2023 without the CFSL / Chemical Examination Report. Counsel submits that the learned Trial Court mechanically took cognizance of the submission of the charge-sheet by the order dtd. 1/7/2023. Counsel relies on a line in the charge-sheet stating that a supplementary charge-sheet will be submitted after receiving of the Examination Report to submit that this is contrary to the proviso to Sec. 36A(4) of the NDPS Act.